Prepare Your School's Request for Facilities Under Prop. 39!

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September 25, 2017 Application deadlines for Proposition 39 ("Prop. 39") facilities for the 2018-19 school year are right around the corner, so it is critical that charter schools begin the process now. Prop. 39 is an initiative passed by California voters in 2000 that requires school districts across the state to provide charter schools with "reasonably equivalent facilities."

To qualify for Prop. 39 facilities, a charter school must demonstrate enrollment of at least 80 in-district students, or the school or proposed school must identify at least 80 in-district students who are meaningfully interested in enrolling in the charter school for the upcoming school year (the year for which facilities are being requested). Every charter school contemplating the need for facilities should apply for Prop. 39 space.

The deadline to request Prop. 39 facilities for the 2018-19 school year is November 1, 2017. Both existing and new or proposed charter schools must submit their request for facilities by this date in order to be eligible for facilities under Prop. 39. New or proposed charter schools must also submit their charter petition for approval by November 1 in order to be eligible for Prop. 39 facilities during the 2018-19 school year.

Please note that in recent years, districts have challenged Average Daily Attendance (ADA) projections based on a lack of supporting documentation. All charter schools should consider collecting and submitting Intent to Enroll forms to support entire projected ADA, even if you are not projecting a substantial increase in in-district ADA. We recommend that you begin collecting Intent to Enroll forms for 2018-19 school year now. A sample Intent to Enroll form is available here.

CCSA offers a wide range of resources to assist member schools with request facilities under Prop. 39. We encourage you to take advantage of the following resources:

In addition, CCSA has partnered with Young, Minney & Corr and Procopio to provide legal help to CCSA members with Prop 39 requests through CCSA's Pro Bono Review Program. Assistance includes review of your Prop 39 request and subsequent correspondence with your district.

We have implemented changes to the Pro Bono Review Program this year. To register for the program and learn more about the changes, please email us at CCSAProp39@ccsa.org by October 13, 2017.